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What defines a defective product?

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Defective products and their liability depend on location and local laws. A product is defective if it malfunctions or is dangerous due to design or lack of instructions. Manufacturers, retailers, and distributors are held liable. Consumers can take legal action or report the product to government organizations.

The exact regulations, policies and laws relating to and governing defective products and their manufacturers and retailers depend on location. Generally, however, a product is considered defective if it is a tangible object that malfunctions or is dangerous due to the way it is made or lack of instructions for use. Manufacturers, retailers and other entities involved in the distribution of consumer goods are held liable for defective products and any action taken against them depends on local laws and any harm consumers suffer.

When a person purchases a defective product, they have purchased a product that meets one or more of a certain set of criteria. These criteria depend on the consumer protection laws of the specific government. In the United States, for example, a defective product is a product that is unsuitable, dangerous, or harmful when used normally. The product could also be considered defective if it is not supplied with adequate instructions for correct use. Beyond use, a product may be defective due to the way it is designed, assembled or manufactured.

Some entities are held liable for defective products and the injuries and deaths they cause. This liability is called product liability, and such entities include those that manufacture, distribute, supply, and sell defective consumer products to the public. There are a few categories of product liability, including a manufacturing defect, a design defect, and a lack of notice, also known as a marketing defect.

The action taken after a consumer purchases a defective product depends on the specific situation. For example, if the consumer is not injured or killed, he could get a replacement product or a refund. On the other hand, if the consumer is injured or killed, he or his surviving family could hire an attorney who specializes in consumer protection and defective product litigation.

Even if the consumer does not take legal action, he can still report the defective consumer product. In addition to reporting the product to the manufacturer and retailer, you can report the product to the government organization that handles consumer protection and safety laws. In the United States, one such organization is the US Consumer Product Safety Commission (CPSC). Depending on the type of product, however, the consumer may be required to contact another agency. The laws of some areas, such as those of the United States, may also require manufacturers, importers, distributors and resellers to report the defective product.

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